The trial period in the labor contract according to the ecuadorian legal order

Abstract

The impact of the trial contract and its negative labor consequences, such as unemployment, leaving families without livelihood, is alarming since it is true that our Labor Code in its article 15 establishes that the trial period with a maximum temporary period of 90 days, this is a figure that ignores and does not protect the inherent and intangible principles and rights of workers. The same ones that are duly delimited in the Ecuadorian Constitution, since unilaterally the employer will terminate the employment relationship and in this case the workers will not be able to claim any economic stipend, unlike other contracts such as the indefinite one that if the employer terminates the employment relationship, an untimely dismissal is configured and in this way the worker would not be losing several rights as with a trial contract. It is then proposed, as a general objective: Analyze how test contracts do not generate job stability, thus violating labor principles, which is achieved through a qualitative methodological approach and methods such as analytical-synthetic, historical-logical and inductive.